2006 New York Code - Mileage Fees, Poundage Fees, Additional Compensation, And Limitation On Compensation Of Sheriffs.

 
    §  8012.  Mileage  fees,  poundage  fees, additional compensation, and
  limitation on compensation of sheriffs. (a) Mileage fees. A  sheriff  is
  entitled  to  twenty-three  cents for each mile necessarily travelled in
  performing the following services, payable in advance:
    1. in serving or executing a mandate upon or against  one  person,  or
  upon  or  against  two  or  more  persons  in the course of one journey,
  computed from the nearest office of the sheriff in  the  county  to  the
  place of service or execution, and return;
    2.  in serving or executing two or more mandates in one action upon or
  against one person at one time, computed from the nearest office of  the
  sheriff  in the county to the place of service or execution, and return;
  and
    3. in attending a view,  computed  from  the  nearest  office  of  the
  sheriff in the county to the place of attendance, and return.
    (b) Poundage fees.
    1.  A  sheriff  is  entitled,  for  collecting  money  by virtue of an
  execution, an order of attachment, or an attachment for the  payment  of
  money  in  an action, or a warrant for the collection of money issued by
  the comptroller or by a county treasurer or by any agency of  the  state
  or  a  political subdivision thereof, or for collecting a fine by virtue
  of a commitment for civil contempt, to  poundage  of,  in  the  counties
  within  the  city of New York, five per cent of the sum collected and in
  all other counties, five per cent  upon  the  first  two  hundred  fifty
  thousand  dollars  collected, and three per cent upon the residue of the
  sum collected.
    2. Where a settlement is made after a levy by virtue of an  execution,
  the  sheriff  is  entitled  to  poundage  upon the value of the property
  levied upon, not exceeding the sum at  which  the  settlement  is  made.
  Where  an  execution is vacated or set aside, the sheriff is entitled to
  poundage upon the value of the property levied upon, not  exceeding  the
  amount  specified  in  the  execution, and the court may order the party
  liable therefor to pay the same to the sheriff.
    3. Where a settlement is made, either before or after judgment,  after
  a  levy  by virtue of an order of attachment, the sheriff is entitled to
  poundage upon the value of the property levied upon, not  exceeding  the
  sum  at  which  the  settlement is made. Where an order of attachment is
  vacated or set aside, the sheriff is entitled to poundage upon the value
  of the property levied upon, not exceeding the amount specified  in  the
  order of attachment, and the court may order the party at whose instance
  the  order  of  attachment  was  granted to pay the same to the sheriff.
  Where an order of attachment is otherwise discharged  by  order  of  the
  court,  the  sheriff is entitled to the same poundage, to be paid by the
  party at whose instance the order of attachment is discharged,  and  the
  sheriff  is  entitled  to  retain  the  property  levied  upon until the
  poundage is paid. The  maximum  amount  upon  which  poundage  shall  be
  computed,  if  such  a  settlement is made or the order of attachment is
  vacated or set aside, is one million dollars.
    (c) Additional compensation.  A  sheriff  is  entitled  in  any  case,
  including an instance in which a mandate has been stayed, vacated or set
  aside,  or  a  settlement has been made after a levy, to such additional
  compensation for his trouble and expenses in taking  possession  of  and
  preserving  property  under  any  mandate  or  in  removing  a person in
  possession of real property and the said person's property, as the court
  allows, and the court may make  an  order  requiring  the  party  liable
  therefor to pay the same to the sheriff.
    (d) Mileage fees in the city of New York. For mileage travelled wholly
  within the city of New York the sheriff of the city of New York shall be
  entitled  to  twenty-five  dollars  payable  in  advance, as provided in
  section eight thousand eleven of this chapter.